Royal Calcutta Turf Club

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ORDER OF THE BOARD OF APPEAL

ORDER OF THE BOARD OF APPEAL

Board of Appeal assembled at 5.30 P.M. on Saturday, 10th December, 2016 in the Stewards Enquiry Room, Reserve Stand, Calcutta Race Course to consider the Appeals dated 6th December, 2016  submitted by trainer Mr. Vijay Singh and Apprentice Mr. Munna Alam against the order of the Stewards dated 3rd December, 2016.

            Present            :           Mr. Satish Kapur         -           Chairman

                                                Mr. Ranajit Nobis

                                                Mr. Kishore Bhimani

                                                Raj Kumar J C Mahtab of Burdwan

                                                Mr. Pritheesh Varma

                                                Mr. Satish Dhall

The Board of Appeal perused the reasoned Order of the Stewards directing the withdrawal of permission to Apprentice Jockey Mr. Munna Alam to ride in races on 13th and 17th December, 2016 for unsatisfactory riding of his mount b g CELERINO in Race No. 1 run on 1st November, 2016 and the fine of Rs. 25,000/- imposed on Trainer Mr. Vijay Singh for the unsatisfactory running of his charge b g  CELERINO in Race No. 1 run on 1st November, 2016.  They also took note of the written and verbal submissions made by Mr. Vijay Singh and Mr. Munna Alam.

After due deliberations the Board of Appeal concurred with the decision of the Stewards in the case of Apprentice Jockey Mr. Munna Alam. 

After due deliberations the Board of Appeal concurred with the Stewards in their decision to charge Mr. Vijay Singh for the unsatisfactory running of his charge b g CELERINO, however, decided to partially modify the amount of fine to Rs. 10,000/- after taking into consideration the past record of the trainer. 

The appeal fee of Rs. 2,500/- deposited by Mr. Vijay Singh and Mr. Munna Alam stands forfeited.

 

Mr. Satish Kapur                              

Chairman

 

 

10.12.2016

 

ORDER OF THE BOARD OF APPEAL

 

Board of Appeal assembled at 6.00 P.M. on Tuesday, 16th June, 2015 at the Enquiry Room, Reserve Stand, Calcutta Race Course to consider the Appeal dated 22.4.2015 submitted by trainer Mr. Patrick Quinn against the order of the Stewards dated 17.4. 2015           

The Board of Appeal perused all relevant documents including the Order of the Stewards withdrawing the trainer’s license issued to Mr. Patrick Quinn and declaring him as a disqualified person with effect from 18th April 2015 to 17th March, 2016 for the positive finding of a prohibited substance in b g Ocean and Beyond in Race No. 133 Indian Champion Cup (Grade I) and further from 18th March, 2016 to 8th May, 2017 for the positive finding of a prohibited substance in b g Ocean and  Beyond in Race No. 160 – The Queen Elizabeth II Cup (Grade III).  The Board also took note of the written grounds of appeal dated 14th May, 2015 and the further written grounds of appeal submitted by Mr. Patrick Quinn at the time of the hearing.  

The Board of Appeal noted that it was accepted and not challenged that b g Ocean and Beyond trained by Mr. Patrick Quinn and owned by Mrs. R. Duggal, Mrs. Shikha Anand and Mr. Pervez Andhyarujina had tested positive by both the primary and confirmatory laboratories to 16-Beta-Hydroxystanozolol, a prohibited substance following its run in Race No. 133 – The Indian Champion Cup (Grade 1) on 23rd January 2015. 

The Board of Appeal noted that it was accepted and not challenged that b g Ocean and Beyond trained by Mr. Patrick Quinn and owned by Mrs. R. Duggal, Mrs. Shikha Anand and Mr. Pervez Andhyarujina had tested positive by the primary laboratory to 16-Beta-Hydroxystanozolol, a prohibited substance following its run in Race No. 160 – The Queen Elizabeth II Cup (Grade III) on 7th February, 2015. 

The Board of Appeal noted that the Trainer’s license sought by Mr. Patrick Quinn and subsequently after due process issued to him is subject to the Rules of Racing and all Notices of the Royal Calcutta Turf Club.  The Rules of the RCTC provide for imposing disabilities if he is found in contravention of the Rules of the Club.                                                                                                                                    

The Board of Appeal was of the opinion that as Mr. Patrick Quinn had failed to substantiate or place before them any relevant document, the Board was of the opinion that no relief could be granted under Article 20 of the Constitution of India as claimed by him.  

The Board of Appeal was of the opinion that Stewards of the Club are within their right to impose such punishments as the Stewards think appropriate and that they have acted in terms of the Rules of Racing.  Further the Board is of the opinion that the order of the Stewards does not in any way violate Article 21 of the Constitution of India as alleged by Mr. Patrick Quinn.  

The Board was of the opinion that there was no justification for reducing the punishment as done by the other Turf Clubs of India as stated by the appellant as there were no extenuating circumstances in the case. 

The Board of Appeal was satisfied that the Stewards, the custodian of the Rules of Racing, had applied their minds in a fair and just manner.  Therefore, Mr. Patrick Quinn’s claim that their decision was unfair, unjust and illegal did not merit any further scrutiny. 

The Board of Appeal was unanimous in upholding the Order of the Stewards dated 17.04.2015.

 

 

Sd/-                                                                                         Sd/-

 

(Satish Kapur)                                                                       (Samir Ghosh)

Chairman                                                                               Member

 

Sd/-                                                                                         Sd/-

 

(Kishore Bhimani)                                                                 (Pritheesh Varma)    

Member                                                                                  Member                                             

 

Sd/-

 

Rajkumar J C Mahtab of Burdwan

Member

ORDER OF THE BOARD OF APPEAL

Board of Appeal assembled at 6.00 P.M. on Saturday, 2nd May, 2015 in the Stewards Enquiry Room, Reserve Stand, Calcutta Race Course to consider the Appeal dated 21.4.2014 submitted by trainer Mr. Vijay Singh against the order of the Stewards dated 17.4. 2015

The Board of Appeal perused all relevant documents; the Order of the Stewards dated 17.4.2015 suspending the trainer’s license issued to Mr. Vijay Singh with effect from 14th July 2015 to 11th October, 2015 and took note of the written and verbal submissions made by Mr. Vijay Singh.

The Board of Appeal took note that the last suspension of the trainer for the infringement of medication rules was on 21.1.2002

The Board of Appeal took note of the trainer’s submission that the athlete b h DANDIFIED had been tested on 18 previous occasions and returned negative for the presence of any banned substance.

The Board of Appeal while concurring with the decision of the Stewards in their finding Mr. Vijay Singh responsible for the breach of the Rules of Racing, was of the opinion (by majority) that justice would still be served if the date of suspension be partially modified.   Therefore, the period of suspension will now be effective from 14th July 2015 to 30th September, 2015 (both days inclusive). 

 

(Satish Kapur)                                                                        (Samir Ghosh)

Chairman                                                                                Member

 

(Pritheesh Varma)                                                                (Satish Kumar Dhall)

Member                                                                                  Member

 

Rajkumar J C Mahtab

Member

02.05.2015

 

 

 

 

ORDER OF THE BOARD OF APPEAL

 

Board of Appeal assembled at 6.00 P.M. on Tuesday, 10th February, 2015 in the Stewards Enquiry Room, Reserve Stand, Calcutta Race Course to consider the Appeal dated 30th January, 2015 submitted by trainer Mr. Vikash Jaiswal against the order of the Stewards dated 29th January, 2015.

            Present            :                         Dr. Darius Anklesaria             -           Chairman

                                                                Mr. Satish Kapur

Maharajadhiraja Bahadur S C Mahtab of Burdwan

Mr. Pritheesh Varma

Mr. Satish Dhall

 

The Board of Appeal  perused the Order of the Stewards and the written grounds of appeal preferred by Mr. Vikash Jaiswal (hereinafter called as the Appellant).

 

The Board also took note of the submission made by Mr. Jaiswal at the hearing. 

 

After due deliberation the members of the Board unanimously were of the opinion that there was no adequate reason presented to them by the appellant to interfere with the decision of the Stewards and, therefore, decided to uphold the Order of the Stewards dated 29.01.2015 suspending the trainer’s license granted to Mr. Vikash Jaiswal with effect from 7th February to 24th February, 2015 (both days inclusive) and a fine of Rs. 25,000/-.

 

(Dr. Darius Anklesaria)                   

Chairman

 

Mr. Satish Kapur                              Maharajadhiraja Bahadur S C Mahtab of Burdwan

 

Mr. Pritheesh Varma                        Mr. Satish Dhall                   

                                                                                                           

10th February, 2015

 

 

 

Board of Appeal assembled at 6.00 P.M. on Thursday, 17th July, 2014 in the Stewards Enquiry Room, Reserve Stand, Calcutta Race Course to consider the Appeal dated 17th June, 2014 submitted by Mr. Ajay Jalan against the order of the Stewards dated 13th June 2014.

 

            Present             :           Mr. M H Chinoy          -           Chairman

Mr. Satish Kapur

Dr. Darius Anklesaria

Mr. Pritheesh Varma

Mr. Satish Dhall

 

The Board of Appeal perused the Order of the Stewards dated 13.6.2014 delivering Mr. Jalan as a disqualified person for a period of 11 months i.e., from 24th December, 2013 to 23rd November, 2014 and took note of the written and verbal submissions made by Mr. Ajay Jalan.

 

There is no doubt that Mr. Ajay Jalan procured the said drug from Singapore without the prescription from a registered veterinarian and that the label on the said vial of the drug contained a declaration that the drug was meant for R & D and Clinical Trial use only.  We do not find any fresh evidence to hold contrary to the Order of the Stewards dated 13.06.2014.

 

Mr. Jalan was initially disqualified perpetually by the order dated 24th December, 2013 of the Stewards which was modified to 11 months vide Order of the Stewards dated 13th June, 2014.  However, considering the fact that this is the first instance of his committing an offence and that he remained disqualified since 24th December, 2013, the Board of Appeal exercises its discretion and modifies the Order of the Stewards to disqualify Mr. Ajay Jalan under Rule 202(x)(a) of the RCTC Rules of Racing by reducing his tenure of disqualification from 23rd November, 2014 to 31st July, 2014.

 

 

(M H CHINOY)                    

23.07.2014